ACCC hits Optus with legal proceedings over Supersonic deer ad
Optus’s “Supersonic” broadband promotion has fallen foul of the ACCC, with the industry regulator instituting proceedings against the telco claiming false advertising.
In a statement this morning, the Australian Competition and Consumer Commission said that it had instituted legal proceedings in the Federal Court in Sydney against Optus, claiming breaches of the Trade Practices Act. it said:
“The ACCC alleges that Optus engaged in misleading or deceptive conduct and made false representations in relation to the advertising of certain broadband plans as part of its ‘Think Bigger’ and ‘Supersonic’ promotional campaigns.
“Under these plans, a customer pays a specified monthly sum and receives a specified data allowance for that month divided into peak and off-peak periods. However, once the customer exceeds the peak data allowance, the internet connection is limited to a speed of 64kbps. The ACCC alleges that Optus did not sufficiently or clearly disclose, and in some cases did not disclose at all, these qualifications.
“The ACCC is seeking court orders, including declarations that Optus breached the Act, injunctions, including interlocutory injunctions, civil penalties, corrective advertising and costs.”
The Supersonic campaign, created by M&C Saatchi, launched three weeks ago.
In June, the ACCC issued proceedings aginst Optus over its use of the word “unlimited” in advertising.
At the time of posting, Optus had not responded to Mumbrella’s invitation to comment.
The court hearing has been set for next Thursday.
2.55pm update: An Optus spokesman said: “Optus acknowledges the claims made by the ACCC and looks forward to working with the ACCC to resolve any concerns they may have. We go to great length to offer the best products and services to our customers and to explain the value of those offers clearly.”
Tim Burrowes founded Mumbrella in 2008. He worked on Mumbrella until 2021. At various points he was editor, content director and editor-at-large.
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Oh deer.
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Telstra? Have you been telling tales again?
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That’ll cost some doe.
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I have noticed thir extensive use of the word “unlimited” on ads where there are limits..
I am surprised they keep doing it
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I thought the same when I heard their ad on TV claiming ‘unlimited’ broadband but then seeing fine print on-screen detailing a limit on the download allowance. Naughty, naughty.
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Their response is just fawning over the ACCC
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Good on the ACCC. Unlimited should be UNLIMITED not caveated with anything at all.
All Telco’s rely far to much on the little Asterix. its misleading and lazy.
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optus have no hart…
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Whilst they are at it they ought to have a go at the mobile phone operators claiming that you get hundreds of dollars of value from a $49 cap. Surely what you get is $49 worth, because that’s what you’ve paid for it.
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Since this ad doesn’t mention unlimited I presume this must relate to other material.
With their other ad showing a Moose they must be equating antlers with Broadband?
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Optus were only trying to make a buck otherwise their profits might stag-nate.
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Closing VO was “Now there’s no limit to what you can achieve”.
I would humbly suggest that a fall-back speed of 64kbps is quite a limit.
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Depends how literally you want to take a line of puffery with no associated offer or promise, I’d say.
I took it to mean the Internet experience itself not hanging when streaming from Pornhub, for instance.
But then I’m with TPG…
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…who offer a truly unlimited data plan.
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Sounds like passing the buck.
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this comment thread is truly pun-tastic. well done everyone.
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Keep posting the puns … otherwise it will become … thread bear (groannnn).
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Oh caribou hoo, Optus,you knew what you were doing.
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Still nowhere near as good as this one.
https://www.youtube.com/watch?v=mudOonoGK_U
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Optus are shameless they have aired this again….I saw it on Channel 7 its a bugs life at 8.58pm on 18th Sept…..
The ACCC is very weak in Oz unlike the US, even NZ is much stronger.
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ACC is being run by (edited under Mumbrella’s comment moderation policy)
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